2-315 Implied Warranty:Fitness for Particular Purpose

I purchase 2 entertainment centers for my daughters at a local furniture store. I went in and told the owner I needed 2 entertainment centers to fit 27" tvs. When they delivered the enter. ctrs., my TV's would not fit in them. I had the delivery guys take the enter. centers back and I called the owner. He said he special ordered the enter. ctrs. and that I cannot return them. He then told me that they only fit 90% of 27" tvs. However, I specifically asked him if it would fit a 27" tv when I bought them and he said yes but he never told me they would only fit 90% of TV's or I would have measured them.

The tvs I have are 27" Toshiba flat screens - nothing special.

Am I stuck with the enter. centers or do you think I have a chance in small claims court?

The receipt on the bill said no cancellations or returns on special orders. I told the store owner that I am not returning but exchanging because I will exchange them for 2 enter. ctrs. that FIT my tvs.

Does the 2-315 U.C.C. artical - Implied Warranty: Fitness For Particular Purpose apply here?
Where the seller at the time of contracting has reason to know any particular purpose for shich the goods are required and that the buyer is relyin on the seller's skill or judgement to select or furnish suitable goods, there is unless excluded or modified under the next sedction an implied warranty that the goods shall be fit for such purpose.

I did rely on his expertise to help me get 2 enter ctrs. that fit my tvs. Otherwise, I would have never ordered them. He NEVER mentioned ANY possibility of them not fitting. I had no idea that their was a possibility that they wouldn't fit.

Do you think I have a case?

PS: the owner called me today and said he would charge me a $200.00 restocking fee contingent upon me buying to more entertainment ctrs from him. So, I will be out $200.00. Should I accept this or let the small claim court get my $200.00 back???


Thanks Theresa

If it was a special order with no refunds or cancellations, you have the responsibility to inform them of what type of TV you had. Just because the screen size is similar, there are different housing units for the screens. Your receipt is your proof of contract and that clearly states no cancellations or refunds. Your payment was an acceptance of those contract terms.

Has your state adopted UCC 2-201(3)(a)? That's the owners protection from having to accept any exchange with you if they were custom (Unsure from post whether custom or merely special order). A restocking fee and new units is better than two useless entertainment centers. I think if your state has adopted that section, the owner has no obligation to even accept the old units, stocking fee or not. (Anyone want to clarify?)

Before you threaten to sue when you don't even know if you have a case, have you tried to be the unhappy customer? Sometimes a unhappy customer overrules store policy just to avoid hassle and negativity. But they're not legally obligated for many parts, just preferring to have future business.

Then again, I'm not a lawyer, this is not legal advice, nor am I in your state, so someone is welcome to overrule my guess.

P.S. An exchange is technically two transactions--a return and a purchase, so yes, you are trying to return them.

I am in the state of Michigan and I am not sure if they have adopted the custom law you mentioned.

The enter. ctrs. were not custom. They were special order because they were all wood and he only had partical board ones on the floor. Apparently, he normally does not stock these kinds.

What about the Implied Warranty: Fitness for Particular Purpose?? How does that apply in this case??

Thanks Theresa